The Film Renter and Moving Picture News (Jul-Aug 1922)

July 1, 1922. ALDERMAN TROUNSON, President of the C.E.d. him a film which, as an exhibitor, he knew the renter might never possess. He abuses the Association, or the General Secretary (which is the same thing, only worse), demands protection, expects the Association to go to the House of Lords, and is righteously indignant if it doesn't, and threatens to resign. And this in the face of Clause 3, which ingeniously provides, with that meticulous care which characterises the lawyer, that if either the renter or the exhibitor is unable from any cause other than his own neglect or default to carry out his part of the agreement, no fecs shall be payable, and he gets his money back for the posters he probably has not received. What does that clause mean? I don't ask what dees it mean to a lawyer, but what does it mean to the ordinary man, who does not consider language merely as a means for concealing thought, but for expressing it. It should mean that if the renter has made a contract to provide a film he should have the film, or be able to procure it. What it really does mean in practice is, that if the renter has ordered the film, and does not get it, he is immune from consequences, and the preamble is window dressing. Late Delivery of Films. The exhibitor knows this, but he makes the contract in the face of this knowledge, and when the trouble comes he cusses the Association because it does not compel the renter to produce a film he has not got. Let me take another illustration, The most fruitful source of trouble and complaint arose, and still arises, from delay in delivery of films. Clauses 9 and 13 deal with this matter. If the film does not arrive in time, or if it does arrive in time, but in bad condition, the exhibitor can cancel it, and show another, whilst the renter must pay for the other film and for all expenses incurred in getting it. © What constantly occurs is this. The exhibitor does not receive his film. Instead of getting another (or keeping a spare one handy) he returns his patrons’ money, and then claims damages. Generally he claims the damages first, and consults the Association afterwards, and that after a voluminous correspondence in the course of which he freely expresses his opinion of the renter, Digitized by Go gle THE FILM RENTER & MOVING PICTURE NEWS. 13 and the renter suggests unpleasant things about the exhibitor’s paternity and the state of his mind! The exhibitor knows what he ought to do, but he does not do it. Instead of which he looks to the Association to obtain impossible damages and slangs it if it doesn’t. Damaged Films. With a damaged film, instead of getting another film from another renter, or using his stand-by, or wiring or ‘phoning the renter at the renter’s expense, he puts on the damaged film, shoves it through somehow, and when the renter makes a claim for damages, relies upon the fact that the film was damaged when it reached him. In this latter case the renter generally claims arbitration under the contract, the exhibitor has not done the thing he knows he should have done. the renter gets his damages, and the Association gets an abnormal share of cusses for not achieving the impossible. and because ‘* Let-downs.’’ It frequently happens that exhibitors, having been let-down by a renter, write to the renter informing him that because be (the renter) has failed to carry out his contract respecting the films which were delayed, he need not send any more. If the renter continues (as he is entitled by his contract) to send the films or intimates his intention to send them, and charges for them accordingly, the exhibitor expects the Association to fight the case for him. He knows from Clause 19 that he cannot all filins because the renter has bioken his agreement concerning certain of them, but he insists that the Association should fight bis case, right or wrong, and once more he cusses the Association because it doesn’t. determine his eontraets for Tussles with the Licensing Authorities. We have, as an Association, secured certain very definite decisions as to the extent of Licensing Authorities’ powers in certain directions. We have made our meinbers familiar with these things. We have dinned it into their ears and eyes. None the less, some exhibitors do continue to allow the authoritiys MR. GAVAZZI KING, General Secretary of the C.E.A. Original from NEW YORK PUBLIC LIBRARY